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Family Court Cannot Try Criminal Cases Under IPC: Supreme Court Corrects A ‘Wrong Order’ Passed In Transfer Petition

The Family Court cannot deal with a criminal complaint for various offences under the Indian Penal Code, the Supreme Court remarked while modifying an earlier ‘wrong’ order it had passed in a transfer petition. The court had, earlier this year, allowed a Transfer Petition ‘as prayed for’. But the said prayer sought to transfer criminal case registered under various provisions of the Indian Penal Code (including under Section 498-A IPC) from the Judicial Magistrate Court Thane, Maharashtra, to the Family Court, Vadodara, Gujarat. The Family Judge, Vadodara, Gujarat, on receiving the files, wrote a letter to the Supreme Court Registry and brought this mistake to its notice. Thus the matter was again placed before the Court as a ‘Miscellaneous Application’. “Though..learned counsel for the Respondent contended that it is the petitioner’s own making and that the petitioner made a wrong prayer in the Transfer Petition, I do not think that the operative portion of the order passed in the Transfer Petition can be allowed to stand. The Family Court, as a matter of fact, cannot deal with a criminal complaint for various offences under the IPC. A wrong order of the Court cannot be allowed to stand on the ground that one of the parties invited the same.”, Justice V. Ramasubramanian said.

Asia Law Offices advised a major transnational strategic collaboration between its client, UAE-Based Pharmax Pharmaceuticals, and Swiss pharma major Acino Pharmaceuticals.

ALO represented Pharmax in the structuring and closure of entire transaction documents of the significant collaboration.

The collaboration framework extends to licensing, manufacturing, and supply of Acino formulations within the gastroenterology and the cardiovascular space throughout the Middle East and Africa.